The Chief Information Officer is delegated authority to:
(a) Carry out all functions and responsibilities assigned to the Secretary with respect to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506);
(b) Carry out all functions and responsibilities assigned to the Secretary with respect to the Clinger-Cohen Act of 1996 (40 U.S.C. 11312 to 11314, and 11317);
(c) Carry out all functions and responsibilities assigned to the Secretary with respect to the E-Government Act of 2002, Public Law 107-347;
(d) Carry out all functions and responsibilities necessary to ensure compliance with the Federal Information Security Management Act of 2002 (44 U.S.C. 3534 and 3544);
(e) Serve as the Chief Privacy Officer, 42 U.S.C. 2000ee-2, and administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of the Office of the Secretary;
(f) Carry out all functions and responsibilities necessary to issue notices of Department of Transportation systems of records as required by the Privacy Act;
(g) Carry out all functions and responsibilities assigned to the Secretary with respect to the Federal Records Act (44 U.S.C. 3101-3102) and necessary to ensure compliance with the regulations of the National Archives and Records Administration (36 CFR parts 1220 through 1299; 44 U.S.C. Chapters 21, 29, 31, and 33), in coordination with the General Counsel; and
(h) Serve as the Senior Agency Official for Geospatial Information under Office of Management and Budget Memorandum M-06-07, “Designation of a Senior Agency Official for Geospatial Information” (March 3, 2006).
Notes of Decisions
Engvall v. Soo Line R.R. Co., 632 N.W.2d 560 (Minn. 2001).
· cites it 2× “And second, even though the LIA refers only to “railroad carrier[s],” the parties agree that manufacturers of railroad equipment are also subject to the requirements of the LIA.”
Daniels v. Union Pac. R.R., 530 F.3d 936 (D.C. Cir. 2008).
· cites it 2× “The FRA's delegated authority is set forth in 49 C.F.R. § 1.49 (m). 3 . The LERB correctly concluded that Union Pacific’s denial of Daniels’s recertification is governed by section 240.”
CSX Trans, Inc. v. Williams, Anthony A., 406 F.3d 667 (D.C. Cir. 2005).
“The security plans must address personnel security (such as background checks), unauthorized access to hazardous materials, and, most importantly, “the security risks of shipments of hazardous materials .”
Hill v. Burlington N. & Santa Fe Ry. Co., 416 F.3d 787 (8th Cir. 2005).
“49 C.F.R. § 1.49 (m). . For this reason, we deny Plaintiffs' motion to supplement the record with a 1996 audit report by the Department of Transportation's Inspector General, tendered as evidence of the efficacy of the FRA's regulations.”
Scott Partenfelder v. Steve Rohde, 2014 WI 80 (Wis. 2014).
· cites it 2× “at 673 ; 49 C.F.R. §§ 1.49 (m), 213.9 (2008). ¶30 Federal regulations under the FRSA preempt state law only if they cover the same subject matter as the state law; that is, state law is preempted "only if the federal regulations substantially subsume the subject matter of the…”
Gen. Motors Corp. v. Kilgore, 853 So. 2d 171 (Ala. 2002).
“§ 103 , § 20103(a); 49 C.F.R. § 1.49 (c)(5) (2001). [4] In reviewing this argument, this Court notes the Supreme Court's warning that "[i]f a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the…”
Lundeen v. Canadian Pac. Ry. Co., 507 F. Supp. 2d 1006 (D. Minnesota 2007).
“49 C.F.R. § 1.49 (m). The FRA has done so by establishing a “national railroad safety program .”
S. Pac. Transp. Co. v. Pub. Utils. Comm'n, 647 F. Supp. 1220 (N.D. Cal. 1986).
“49 C.F.R. § 1.49 (m) (1985). The FRSA declares that railroad safety regulations “shall be nationally uniform to the extent practicable.”
Charles v. Abate, Jr. v. S. Pac. Transp. Co., 928 F.2d 167 (5th Cir. 1991).
“See 49 C.F.R. § 1.49 (m). 3 . Contrast this duty-creating language with right-creating language of the statute in Cannon , which read: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to…”
Ry. Labor Executives' Ass'n v. Burnley, 839 F.2d 575 (9th Cir. 1988).
· cites it 2× “49 C.F.R. § 1.49 (m). The Accident Reports Act provides that railroads must make monthly reports to the Secretary of Transportation of all collisions, derailments or other accidents resulting in death, injury or property damage.”
— 49 C.F.R. § 1.49(N) — 1 case
— 49 C.F.R. § 1.49(g) — 1 case
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